This section of the FEDERAL REGISTER
contains notices to the public of the proposedissuance of rules and regulations. Thepurpose of these notices is to give interestedpersons an opportunity to participate in therule making prior to the adoption of the finalrules.Proposed RulesFederal Register36076 
Vol. 87, No. 115 
Wednesday, June 15, 2022 
DEPARTMENT OF TRANSPORTATION 
Federal Aviation Administration 
14 CFR Parts 21, 38, 121, and 125 
[Docket No.: FAA–2022–0241; Notice No. 
22–03] 
RIN 2120–AL54 
Airplane Fuel Efficiency Certification 
AGENCY : Federal Aviation 
Administration (FAA), Transportation 
(DOT). 
ACTION : Notice of proposed rulemaking 
(NPRM). 
SUMMARY : This action proposes fuel 
efficiency requirements for certification of certain airplanes. These certification requirements would implement the emissions standards adopted by the Environmental Protection Agency, allowing manufacturers to certificate their aircraft for fuel efficiency in the United States, and fulfilling the statutory obligations of the FAA under the Clean Air Act. 
DATES : Send comments on or before 
August 15, 2022. 
ADDRESSES : Send comments identified 
by docket number FAA–2022–0241 using any of the following methods: 
•Federal eRulemaking Portal: Go to 
www.regulations.gov and follow the 
online instructions for sending your comments electronically. 
•Mail: Send comments to Docket 
Operations, M–30; U.S. Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room W12–140, West Building Ground Floor, Washington, DC 20590–0001. 
•Hand Delivery or Courier: Take 
comments to Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. 
•Fax: Fax comments to Docket 
Operations at 202–493–2251. 
Privacy: In accordance with 5 U.S.C. 
553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in 
the system of records notice (DOT/ALL– 14 FDMS), which can be reviewed at www.dot.gov/privacy. 
Docket: Background documents or 
comments received may be read at www.regulations.gov at any time. 
Follow the online instructions for accessing the docket or go to the Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. 
FOR FURTHER INFORMATION CONTACT : For 
technical questions concerning this action, contact Ralph Iovinelli, Office of Policy, International Affairs & Environment, Emissions Division (AEE– 300), Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone 202– 267–3566; email ralph.iovinelli@faa.gov. 
SUPPLEMENTARY INFORMATION : 
Authority for This Rulemaking 
The FAA’s authority to issue rules on 
aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. 
The authority to insure compliance 
with aviation emission standards adopted by the United States Environmental Protection Agency (EPA) is granted to the Secretary of Transportation in the Clean Air Act Amendments of 1970 (CAA), title 42 of the United States Code (U.S.C.), Chapter 85, Subchapter II, part B, Section 7572. Further, 49 CFR 1.83(c) delegates to the FAA Administrator the authority to ‘‘Carry out the functions vested in the Secretary by part B of title II of the CAA.’’ 
This rulemaking proposes regulations 
to insure compliance with the standards adopted by the EPA under the CAA in 40 CFR part 1030 to control the emission of certain greenhouse gas emissions from airplanes. This rulemaking is issued under the authority described in 42 U.S.C. 7572 and 49 CFR 1.83(c). 
I. Background 
As a signatory State to the 
International Civil Aviation Organization’s (ICAO) Chicago 
Convention, the United States must establish minimum standards consistent with ICAO or file a difference. The Committee on Aviation Environmental Protection (CAEP) is a technical committee of ICAO that assists in formulating ICAO policy and in adopting Standards and Recommended Practices related to aircraft noise and emissions. The FAA represents the United States on CAEP, attending annual Steering Group meetings and CAEP triennial meetings, and contributing technical expertise to CAEP’s many working groups. The EPA serves as an advisor to the U.S. member of CAEP at the annual and triennial meetings, and contributes technical expertise to the FAA and CAEP’s working groups on aviation emissions, pollution control technology, and environmental policy. Within CAEP, the FAA assists and advises the EPA on aviation-specific environmental issues, airplane and engine technologies, and airworthiness certification matters. 
In 2009, the ICAO Council and its 
Group on International Aviation and Climate Change (GIACC) developed a ‘‘Programme of Action’’ to limit or reduce the impact of aviation on the climate. The program’s ‘‘basket of measures’’ included the reduction of the carbon footprint of international civil aviation, beginning with the development of a technology-based certification standard for carbon dioxide (CO
2) emissions from subsonic 
airplanes. 
The CO 2standard-setting process 
included input from governments, aircraft and engine manufacturers, non- governmental environmental organizations, research institutions, and academics worldwide. The standard- setting process occurred in two 3-year phases. The first phase focused on the development of the CO
2certification 
requirement (a CO 2metric, test 
procedures, and measurement methodology). The second phase focused on the development of the CO
2 
standard itself (establishing regulatory limits, applicability, and assessments of cost effectiveness). The principles and key criteria that guided the process included the concepts that: 
—No certification requirement 
compromise aircraft safety; 
—Airplane CO
2emissions be reduced 
through the integration of fuel 
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1Annex 16 to the Convention on International 
Civil Aviation, Environmental Protection, Volume 
III, Aeroplane CO 2Emissions, First Edition, July 
2017. https://store.icao.int/collections/annex-16- 
environmental-protection/products/annex-16- environmental-protection-volume-iii-aeroplane-co2- emissions. 
286 FR 2136–2174, Final Rule, 40 CFR parts 87 
and 1030, Control of Air Pollution from Airplanes and Airplane Engines: GHG Emission Standards and Test Procedures, Environmental Protection Agency. efficient technologies in airplane type 
designs; 
—Airplanes that incorporate differing 
generations of CO 2reduction 
technologies be treated fairly and equitably; 
—Any standard be independent of 
airplane size, purpose or utilization; 
—The metric be robust and minimize 
unintended airplane and system design consequences; 
—Any standard should use industry 
standard practices of measurement and correction; and 
—The implementation of any standard 
reflects a manageable and appropriate level of resources to be expended by national airworthiness authorities and manufacturers. 
In February 2016, CAEP agreed on a 
new CO
2emission standard for certain 
airplanes. It was adopted by ICAO in 
March 2017 as Annex 16, Volume III.1 
In the United States, the CAA directs 
the U.S. EPA to adopt standards applicable to the emission of any air pollutant from any class of aircraft engines. The CAA also directs the Secretary of Transportation (and by delegation, the Administrator of the FAA) to implement the standards adopted by the EPA, which takes place by the adoption of regulations in title 14 of the Code of Federal Regulations (CFR) that allow the certification of aircraft and aircraft engines to the EPA standard. 
On January 11, 2021, the EPA 
published a final rule
2adopting new 
domestic airplane greenhouse gas (GHG) emissions standards in new 40 CFR part 1030. In accordance with the CAA, the FAA is proposing new certification regulations for certain airplanes to insure compliance with those standards. The applicability of these proposed regulations and the regulatory emissions limits in the United States are the same as those adopted by ICAO as its airplane CO
2emission standard. 
The FAA, EPA and ICAO each use 
different terminology to reference the same standards. In Annex 16 volume III, ICAO references its standard as CO
2 
emissions because the amount of CO 2 
emitted is directly proportional to the amount of fuel burned by an airplane at cruise speed and altitude. It is a commonly used term that fits well 
within ICAO’s international goals to reduce the carbon footprint of aviation. The EPA rule references GHGs in recognition of airplane emissions of CO
2 
and another GHG, nitrous oxide (N 2O). 
The EPA did not set limits on N 2O 
emissions, noting that they are small and are proportionally reduced as CO
2 
is reduced. The FAA describes these same limits and procedures as measures of fuel efficiency since this proposed rule prescribes a measurement of aircraft performance determined by the specific air range (SAR) parameter to determine fuel efficiency. The three concepts—FAA’s proposed fuel efficiency, the EPA’s GHG emissions, and ICAO’s CO
2emissions—are to be 
considered equivalent for purposes of implementation. The FAA is also making draft guidance material for part 38 available at the same time as this proposed rule, and has placed that draft Advisory Circular in the docket for comment. 
II. Discussion of the Proposal 
Since this document proposes an 
entire new part in 14 CFR, the word 
‘‘proposed’’ has been eliminated throughout this preamble when referencing material for part 38 or its appendix. The term remains when discussing material that proposes to amend other parts of 14 CFR. 
A. General 
Since the CAA vests authority to 
regulate airplane emissions with both 
the EPA and the FAA, the regulations adopted by each agency bear a particular relationship to each other. In January 2021, the EPA adopted regulations limiting the GHG emissions from certain airplanes in 40 CFR part 1030. The emission standard described by the FAA here as new 14 CFR part 38 is intended to be the same as that adopted by the EPA. In the event that the EPA changes the standard in 40 CFR part 1030, and until part 38 is amended with the same change, a certification applicant may request a waiver of those provisions as they appear in part 38 and instead comply with 40 CFR part 1030 (see § 38.9 (Relationship to other regulations)). 
The FAA is including a definitions 
section as § 38.3 that includes terms specific to fuel efficiency certification. The term that may be less familiar is Maximum Take Off Mass (MTOM), which is the international standard term for aircraft weight expressed in kilograms. Terms that are used in 40 CFR part 1030 will carry the same meaning when used in part 38, unless otherwise defined in part 38 (see § 38.3 (Definitions)). The FAA has followed 
this process for changes to the aircraft engine emissions standards adopted in 14 CFR part 34, which were also promulgated under the CAA paradigm. Finally, § 38.7 (Reserved) will list the materials to be incorporated by reference into part 38 when those materials are determined. 
As developed by ICAO, the standard 
adopted by the EPA includes three occasions at which an airplane becomes subject to the GHG standards. These same applicability points are proposed here: at new type certification, the manufacture of any covered airplane after January 1, 2028, and when an airplane modification that triggers the criteria is made. While all three are contained in the applicability criteria of § 38.1, the change criteria are also described in further detail in § 38.19. 
B. Applicability (§ 38.1) 
Section 38.1 describes the airplanes 
subject to the rule. Although the ICAO 
standard on which these regulations are based was effective January 1, 2020, the effective date of the EPA regulation implementing the standard is January 11, 2021. Except for the effective date, the EPA and FAA regulations are intended to have the same applicability as ICAO’s standard. The difference in effective dates between the ICAO and EPA standards had no practical effect in the United States. In the twelve months between the effective date of the ICAO standard and the effective date of the EPA standards, the FAA received no applications for type certification for any applicable airplane type. While the emission standard is now applicable in the United States through 40 CFR part 1030, the FAA is not aware of any new airplane model for which a type certification application would be submitted before the certification regulations here are expected to be 
adopted. Once an airplane is type- certificated for fuel efficiency in accordance with this rule, all airplanes produced under that type certificate must comply with the fuel efficiency requirements. 
In reviewing the EPA standard as part 
of the development of this rule, the FAA determined that the difference between applicability statements in ICAO’s Standards and Recommended Practices and those in the EPA and FAA regulations resulted in certain airplanes being omitted from the EPA applicability section. Those airplanes are described in § 38.1(a)(1)(iv)–(vi). The airplanes would have a maximum takeoff mass (MTOM) of more than 60,000 kg and be type-certificated for a maximum passenger seating capacity of 
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19 seats or fewer. The FAA has advised 
the EPA of this finding and of the inclusion of the airplanes in part 38 applicability. 
An airplane that was type-certificated 
before the applicable compliance date listed in § 38.1 may be required to demonstrate compliance with the fuel efficiency standard if certain modifications to the airplane that, in general, would affect the fuel efficiency 
of the airplane, are incorporated after January 1, 2023 (§ 38.1(a)(4) and (5)). Changes to airplanes and the effect of those changes on compliance with the 
fuel efficiency regulations are discussed more fully in the section on change criteria (section G.) below. 
Included in the applicability section 
is the requirement that all covered airplanes manufactured after January 1, 2028, regardless of the date of type certification, would have to meet the fuel efficiency requirements of part 38. Airplanes manufactured after that date 
would not be eligible for an original certificate of airworthiness unless compliance with part 38 has been shown. This manufacturing cutoff date 
effectively places a cutoff on the period during which an airplane not previously certificated for fuel efficiency might become subject to the requirement by introducing a modification, as described in the section below on change criteria. 
The applicability section of part 38 is 
particularly complex and examples of the effect of this part on selected popular operational categories of airplanes is summarized in table 1 below. 
TABLE 1—Q UICK REFERENCE FOR APPLICABILITY  
Individual airplane status Applicability 
today Applicability when 
modified Effective dates for 
applicability of part 38 Fuel efficiency metric 
(FEM) 
limit Note 
In service, and type is no longer being 
produced EX: 757.None ........... none ................................ none ................................ none ................................ May voluntarily apply to 
establish an FEM 
value. 
Status would only 
change if a new air-
plane is produced. 
In service, and new airplanes still 
being produced EX: 737 MAX 8.None ........... Must comply with the in- 
production limit if: (1) produced after 1/1/ 2023 and (2) includes a modification that changes the FEM value (§ 38.19(c)).1/1/2023 for modified air-
planes § 38.1(a)(4)–(5).
1/1/2028 for all new pro-
duction § 38.1(a)(6)–(7).In-production limit 
§ 38.17(a)(5)–(8).[intentionally left blank] 
New Type: large jet airplanes and pro-
peller-driven airplanes produced under new type certificates applied for after 1/11/2021.§ 38.1(a)(1) 
and (3).All airplanes; New certifi-
cation required if trig-gered by change cri-teria (§ 38.19(a)).1/11/2021 ........................ New type limit 
§ 38.17(a)(1)–(4).[intentionally left blank] 
New Type: small airplanes produced 
under new type certificates applied for after 1/1/2023.§ 38.1(a)(2) All airplanes; New certifi-
cation required if trig-gered by change cri-teria (§ 38.19(a)).1/1/2023 .......................... New type limit 
§ 38.17(a)(1).[intentionally left blank] 
The FAA is proposing the same 
exclusions to part 38 that were adopted 
by the EPA and ICAO. Part 38 would not apply to airplanes with lesser MTOMs (jets or propeller-driven airplanes) as indicated in § 38.1(c). Airplanes that are designed for specialized operations (including the presence of unique design features to carry out those operations) also would be excluded from part 38, subject to a determination that a design for specialized operation is detrimental to fuel efficiency. This determination would be made by the FAA when an airplane is presented for certification. Examples of such airplanes could include specialized cargo features, specialized missions, or crop dusting. Amphibious airplanes (as defined in § 38.3), airplanes that have no pressurized areas (described as having zero reference geometric factor (RGF)), airplanes designed for firefighting, and airplanes powered by reciprocating aircraft engines also would be excluded. C. Compatibility With Airworthiness 
Requirements (§ 38.4) 
Section 38.4 addresses historical 
issues of compatibility between environmental and airworthiness standards. This section is intended to prohibit the sequencing of certification tests for an airplane that has not met the applicable airworthiness requirements. This requirement would ensure that critical airplane configuration is established before fuel efficiency certification tests are conducted, and that no airworthiness standards are compromised during the fuel efficiency certification. In addition, the FAA proposes to require that all of the procedures used to conduct the flights that demonstrate fuel efficiency compliance be conducted in compliance with all airworthiness regulations that apply to the airplane. 
D. Exemptions (§ 38.5) 
In accordance with 42 U.S.C. 7572, 49 
CFR 1.83(a)(6) and (c), and 49 U.S.C. 
44701(f), the FAA may issue exemptions from its regulations when such exemption would be in the public interest. Section 38.5 states that petitions for exemption from any requirement in part 38 be submitted in accordance with 14 CFR part 11. In addition, this section notes that the FAA would consult with the EPA on any request for exemption from the regulations of part 38. This process is the same as that followed when the FAA considers petitions for exemption from the engine emissions standards promulgated by the EPA under 40 CFR part 87, and by the FAA in 14 CFR part 34. 
E. Fuel Efficiency Metric (§ 38.11) 
The fuel efficiency of an airplane is 
determined by the amount of fuel it uses 
to travel a certain distance under prescribed conditions. This measure is the fuel efficiency metric (FEM). For each airplane subject to part 38 (including an airplane subject to the change criteria of § 38.19), § 38.11 would require an FEM value to be calculated using an equation identical to the one adopted by the EPA in 40 CFR 1030.20. As described in § 38.11, the two primary components of the FEM to be certificated are the specific air range 
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(SAR) (described in § 38.13) and the 
reference geometric factor (RGF) (described in § 38.15). SAR is a familiar aeronautical parameter used in the aviation industry to represent the distance an airplane can travel per unit of fuel consumed. It measures the instantaneous fuel efficiency of an airplane at any point during stable cruise flight. The RGF is a representation of airplane fuselage size based on productivity or load carrying capability. The RGF parameter is based on the floor area of pressurized space in an airplane, and is flexible enough to account for single or multi-deck airplanes. Dividing SAR by RGF results in a universal equation to denote the fuel efficiency of any airplane regardless of size. This is the FEM. 
F. Fuel Efficiency Regulatory Limits 
(§ 38.17) 
Section 38.17 incorporates as fuel 
efficiency limits the emission standards adopted by the EPA in 40 CFR 1030.30. Airplanes subject to part 38 would be required to demonstrate that the FEM value does not exceed the fuel efficiency limits in § 38.17. Using the applicable provision in § 38.1, the fuel efficiency limit is calculated using the airplane’s MTOM and the equations listed in the last column of the table in § 38.17(b). An airplane’s FEM value may not exceed the maximum FEM value calculated using the fuel efficiency limits in this rule. 
For the airplanes omitted from the 
applicability section in the EPA regulations (jet airplanes with a maximum passenger seating capacity of 19 or fewer seats and a MTOM greater than 60,000kg, and for which application for original type certification is submitted on or after January 11, 2021), the standard associated with the airplane’s MTOM is applied rather than its seating capacity, which is consistent with the ICAO standard. These airplanes would carry the applicability in § 38.1(a)(1) and would be required to meet the fuel efficiency limits in § 38.17(b)(3) and (4). 
G. Change Criteria (§ 38.19) 
The third occasion at which the fuel 
efficiency requirement would apply is at 
the time certain modifications are made. Section 38.19 would adopt the EPA airplane change criteria of 40 CFR 1030.35. Airplanes routinely have modifications incorporated into their designs. A modification may change the compliance status of an airplane under part 38, regardless of whether it was required to demonstrate compliance with part 38 at the time of certification. The modifications affecting compliance are described by the change criteria in § 38.19. The requirements differ depending on whether an airplane has demonstrated compliance (at certification) before a modification is made, or for an airplane that was type certificated before January 11, 2021, and was not required to demonstrate compliance. 
First, if an airplane that was 
previously certificated for fuel efficiency under part 38 undergoes a modification that increases its MTOM, the applicant must demonstrate compliance with the applicable fuel efficiency limit of § 38.17, regardless of whether there is a change in the airplane’s FEM value. 
If the MTOM of a modified airplane 
is not increased, the applicant must show compliance with part 38 if the FEM value of the airplane increases by more than the criteria specified in § 38.19(a)(2). For example, the addition of a satellite antenna on top of the fuselage of an airplane with a MTOM of 60,000 kg may not affect the airplane’s MTOM, but may adversely affect the airplane’s FEM value by increasing drag. If this 60,000kg MTOM modified airplane shows an increase of FEM value of more than 0.75% (as calculated under § 38.19(a)(2)), the applicant would need to demonstrate compliance with the fuel efficiency limit that was established for the prior version of the airplane. 
If the FEM value of the modified 
airplane increases by less than 0.75%, no new demonstration of compliance would be required. When no demonstration of compliance is required, the applicant may choose to use the FEM value of the unmodified version of the airplane under § 38.19(b), or it may choose to establish a new FEM value. 
Second, as provided in § 38.1(a)(4) or 
(5), if a modification is made to an airplane not previously certificated for fuel efficiency, it may be subject to the requirements of part 38 depending upon the effect of the modification on the FEM value. Section 38.19(c) requires that if a modified airplane has an increase in FEM value of more than 1.5% over the unmodified version, the applicant must demonstrate compliance with the fuel efficiency limit of § 38.17. The fuel efficiency limits for these airplanes are shown in § 38.17(b)(5) through (8). These change criteria apply to airplanes for which an application for the modification in type design is submitted on or after January 1, 2023. 
Finally, § 38.1(a)(6) and (7), which 
require that all covered airplanes produced after January 1, 2028, demonstrate compliance with the fuel efficiency standard (regardless of when the airplane model was originally type certificated), effectively limit to five years the applicability of the 2023 provisions established in § 38.1(a)(4) and (5). For aircraft that were not required to demonstrate compliance with the standard at certification, the effective period of the change criteria trigger for compliance is January 1, 2023, to December 31, 2027. For aircraft that have been previously required to demonstrate compliance with the standard at type certification or production, the change criteria of § 38.19 would continue to apply. 
Examples of the limits on allowable 
changes after modification are illustrated in Figure 1, Changes to FEM following modification. 
The example on the left of the chart 
is for an airplane that was type certificated before January 11, 2021 (In- production limit/hashed line with applicable regulations noted), that was not required to demonstrate compliance with part 38. The dot on the chart represents the airplane before the modification in question. An airplane that is modified complies with part 38 if it stays below the hashed line (the triangle), even if the FEM is higher than the unmodified airplane. If the modification results in an FEM above the hashed line (the square), the modified airplane would not be compliant with part 38 and would not be issued an airworthiness certificate. The example illustrates a concurrent increase in MTOM, which may not occur. 
The example on the right is for an 
airplane type certificated after January 11, 2021, that has demonstrated compliance with part 38 at type certification (solid line, with applicable regulations noted). The result is the same, with a modified airplane being required to stay below the limit line for new airplane types (denoted by the triangle relative to the solid regulatory line). The illustration emphasizes the fact that airplanes produced under a new type certificate (subject to the solid line) do not become ‘‘in-production’’ airplanes that may use the higher FEM limit (the square) when produced after initial part 38 certification. The designation of ‘‘in-production’’ versus ‘‘new airplane type’’ under the change criteria is established as of January 11, 2021, not the date of individual airplane production, and the FEM limit (line) for modified airplanes does not change afterwards. 
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H. Approval Before Compliance Testing 
(§ 38.21) 
Section 38.21 would require FAA 
approval of all procedures, weights, configurations, and other information that are necessary to calculate the fuel efficiency metric value of an airplane. Such approvals are necessary to ensure the airplane configuration and fuel efficiency certification procedures are established and remain unchanged before fuel efficiency compliance tests are actually conducted. This section would not be applied to data submitted for validation following fuel efficiency certification by another authority. 
I. Manual Information and Limitations 
(§ 38.23) 
The final section of part 38 would 
require that the fuel efficiency metric value of the airplane, along with other part 38 compliance information, must be placed in an FAA-approved section of the flight manual of the airplane. Inclusion of this information in the approved airplane flight manual would provide owners, operators, and flight crew with information regarding the airplane’s compliance with part 38. The FAA also proposes to require that if a weight less than the MTOM is used for fuel efficiency certification, then that lower weight becomes an operating limitation for that airplane and must be included in the operating limitations section of the flight manual. Operators may not exceed the weight at which compliance with part 38 was demonstrated, even if that weight is lower than the MTOM for the airplane 
under other airworthiness requirements. 
J. Appendix A to Part 38 
Appendix A to part 38 provides the 
technical detail needed to determine the 
fuel efficiency metric value of an airplane required to demonstrate compliance with part 38. The primary sources of the information contained in the appendix are Sections 2.5 and 2.6 of ICAO Annex 16, Volume III, including appendices 1 and 2 to that volume. The FAA is not proposing the incorporation by reference of Volume III. Instead, part 38 was drafted to include the material from Volume III using current U.S. certification terminology, format, and references. 
Appendix A details the processes and 
procedures to be used when measuring an airplane for fuel efficiency. To comply with part 38, a certification applicant would need to determine the core elements of the fuel efficiency metric, specifically the specific air range and reference geometric factor. The specifications for the flight tests to gather airplane performance data are provided in this appendix, as well as the formulas to be used to determine specific air range and the reference geometric factor from the data gathered during testing. The appendix also describes the certification data that would be submitted to the FAA in the certification test report that is a part of fuel efficiency certification. K. Other Revisions to 14 CFR 
This proposal sets forth several 
amendments to part 21 to include 
compliance with part 38 as a requirement for type, supplemental type, or airworthiness certification using the applicability described in § 38.1. The proposed amendments to part 21 include references to proposed part 38 in §§ 21.5, 21.17, 21.29, 21.31, 21.93, 21.115, 21.183, and 21.187. 
While revising the text for part 21 to 
include references to proposed part 38, an error was discovered in § 21.187. The text of § 21.187(c) should have been designated as paragraph (a)(3) because the applicability of part 34 needs the introductory text of paragraph (a) to be read correctly. This rule proposes to move and redesignate § 21.187(c) as § 21.187(a)(3), with the requirement to comply with part 38 added as § 21.187(a)(4). 
This proposed rule includes 
amendments to the operating regulations for airplanes subject to part 38. Revisions to §§ 121.141 and 125.75 are included to add the certification information for fuel efficiency to the airplane flight manuals for airplanes subject to part 38. 
III. Regulatory Notices and Analyses 
Federal agencies consider impacts of 
regulatory actions under a variety of 
executive orders and other requirements. First, Executive Order 12866 and Executive Order 13563 direct that each Federal agency shall propose or adopt a regulation only upon a 
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3The EPA also conducted its own analysis and 
found that manufacturers will comply with the 
ICAO standards in the absence of U.S. regulations. 4The EPA adopted the same emission standard as 
ICAO; manufacturers would have to comply with the national emission standard of another country, usually based on the ICAO standard, in order to sell its airplanes there. 5Small Business Administration (SBA). 2019. 
Table of Size Standards. Effective August 12, 2019. https://www.sba.gov/document/support--table-size- standards. reasoned determination that the benefits 
of the intended regulation justify the costs. Second, the Regulatory Flexibility Act of 1980 (Pub. L. 96–354) requires agencies to analyze the economic impact of regulatory changes on small entities. Third, the Trade Agreements Act (Pub. L. 96–39) prohibits agencies 
from setting standards that create unnecessary obstacles to the foreign commerce of the United States. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4) requires agencies to prepare a written assessment of the costs, benefits, and other effects of proposed or final rules that include a Federal mandate that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more (adjusted annually for inflation) in any one year. The current threshold after adjustment for inflation is $158,000,000, using the most current (2020) Implicit Price Deflator for the Gross Domestic Product. The FAA has provided a detailed Regulatory Impact Analysis (RIA) in the docket for this rulemaking. This portion of the preamble summarizes the FAA’s analysis of the economic impacts of this rule. 
In conducting these analyses, the FAA 
has determined that this rule: will result in benefits that justify costs; is not a ‘‘significant regulatory action’’ as defined in section 3(f) of Executive Order 12866; will not have a significant economic impact on a substantial number of small entities; will not create unnecessary obstacles to the foreign commerce of the United States; and will not impose an unfunded mandate on State, local, or tribal governments, or on the private sector. 
A. Regulatory Impact Analysis 
The FAA identified three U.S. 
manufacturers that would be affected by 
the proposed rule. Manufacturers will incur certification costs even in the absence of the proposed rule since they would pursue certification with foreign authorities.
3Certification tasks will vary 
greatly depending on the stage of the airplane development process (e.g., new 
type certificate, supplemental type certificate). Additionally, the first fuel efficiency certification project undertaken by any one manufacturer may require more resources because of the new processes and the need for new data generation. The FAA used information provided by the affected airplane manufacturers to construct a timeline of when these costs would be incurred over the next 10 years (starting in 2022), and the cost savings from domestic certification enabled by the proposed rule. 
Because the EPA standard applies to 
airplanes certificated in the United States even in the absence of the proposed rule, there are no incremental benefits associated with the FAA’s action; however, the proposed rule will result in cost savings by enabling U.S. manufacturers to certificate to the EPA standard
4rather than the requirements 
of a foreign authority. Annualized costs savings may be approximately $0.4 million using discount rates of 3 percent and 7 percent (a present value over 10 years of $3.12 million to $2.6 million, using discount rates of 3 percent and 7 percent, respectively). For more details, see the Regulatory Impact Analysis (RIA) for this proposed rule, which has been placed in the rule docket. 
B. Regulatory Flexibility Act 
The Regulatory Flexibility Act (RFA) 
of 1980, Public Law 96–354, 94 Stat. 
1164 (5 U.S.C. 601–612), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121, 110 Stat. 857, Mar. 29, 1996) and the Small Business Jobs Act of 2010 (Pub. L. 111–240, 124 Stat. 2504 Sept. 27, 2010), requires Federal agencies to consider the effects of the regulatory action on small business and other small entities and to minimize any significant economic impact. The term ‘‘small entities’’ comprises small businesses and not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. 
As described in the RIA, the FAA 
identified three U.S. manufacturers that would be affected by the proposed rule. Based on the Small Business Administration (SBA) size standard for aircraft manufacturing (Table 1), all three manufacturers are large businesses. If an agency determines that a rulemaking will not result in a significant economic impact on a substantial number of small entities, the head of the agency may so certify under section 605(b) of the RFA. Therefore, as provided in section 605(b) and based on the foregoing, the head of FAA certifies that this rulemaking will not result in a significant economic impact on a substantial number of small entities. The FAA welcomes comments on the basis for this certification. 
TABLE 2—S MALL BUSINESS SIZE 
STANDARDS : AIRTRANSPORTATION  
NAICS 
code Description Size 
standard 
336411 ... Aircraft manufacturing .... 1,500 em-
ployees. 
Source: SBA (2019).5 
NAICS = North American Industrial Classification 
System. 
C. International Trade Impact Assessment 
The Trade Agreements Act of 1979 
(Pub. L. 96–39), as amended by the Uruguay Round Agreements Act (Pub. L. 103–465), prohibits Federal agencies from establishing standards or engaging in related activities that create unnecessary obstacles to the foreign commerce of the United States. Pursuant to these Acts, the establishment of standards is not considered an unnecessary obstacle to the foreign commerce of the United States, so long as the standard has a legitimate domestic objective, such as the protection of safety and does not operate in a manner that excludes imports that meet this objective. The statute also requires consideration of international standards and, where appropriate, that they be the basis for U.S. standards. 
The FAA has assessed the potential 
effects of this rule and finds that it does not create an unnecessary obstacle to foreign commerce. The United States has adopted the same airplane emission standard as ICAO and many of its member States. This proposed rule is the next step in insuring compliance with the internationally recognized standard. 
D. Unfunded Mandates Assessment 
The Unfunded Mandates Reform Act 
of 1995 (2 U.S.C. 1531–1538) governs 
the issuance of Federal regulations that require unfunded mandates. An unfunded mandate is a regulation that requires a State, local, or tribal government or the private sector to incur direct costs without the Federal Government having first provided the funds to pay those costs. The FAA determined that the proposed rule will not result in the expenditure of $158,000,000 or more by State, local, or tribal governments, in the aggregate, or the private sector, in any one year. 
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E. Paperwork Reduction Act 
The Paperwork Reduction Act of 1995 
(44 U.S.C. 3507(d)) requires that the 
FAA consider the impact of paperwork and other information collection burdens imposed on the public. According to the 1995 amendments to the Paperwork Reduction Act (5 CFR 1320.8(b)(2)(vi)), an agency may not collect or sponsor the collection of information, nor may it impose an information collection requirement unless it displays a currently valid Office of Management and Budget (OMB) control number. 
This action contains the following 
proposed new information collection requirement. As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)), the FAA has submitted these proposed information collection amendments to OMB for its review. 
Summary: The proposed regulations, 
adding a new part 38 to 14 CFR that requires certification for fuel efficiency, includes a collection of data from certification applicants. Certain data collected by the respondent during its certification flight tests are to be included in a certification test report that is submitted to the FAA. Those data are described in appendix A to part 38. The information in the test report is used by the agency to determine whether the subject airplane complies with the fuel efficiency requirements promulgated by the EPA and the FAA. Without such information, the FAA would not have the complete record of an airplane’s fuel efficiency performance and would be unable to issue a type or airworthiness certificate. 
Use: Respondent’s data will be used 
to determine compliance with the fuel efficiency standards established by the EPA under the requirements of the Clean Air Act. The FAA is required by the CAA to implement those standards, which is done at the time of aircraft certification. 
Respondent’s test data will not be 
maintained by the FAA following a certification determination. The certification test report is not available to the public. The regulation also requires that certain values be listed in the flight manual of the airplane, which is given to the purchaser of an airplane. 
Respondents (including number of): 
The FAA anticipates three respondents to the collection of information. 
Frequency: The FAA anticipates that 
respondents will provide responses annually (averaged). 
Annual Burden Estimate: Table 1 
provides the FAA’s estimates of annual 
reporting (submittal of certification data) and recordkeeping (manual information) burden. TABLE 1—S UMMARY OF ANNUAL  
BURDEN  
Category Reporting Record-
keeping 
# of respondents ............. 3 3 
# of responses per re-
spondent ...................... 2 2 
Time per response 
(hours) ......................... 2 8 
Total # of responses ....... 5 5 
Total burden (hours) ....... 9 36 
The agency is soliciting comments 
to— 
(1) Evaluate whether the proposed 
information requirement is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; 
(2) Evaluate the accuracy of the 
agency’s estimate of the burden; 
(3) Enhance the quality, utility, and 
clarity of the information to be collected; and 
(4) Minimize the burden of collecting 
information on those who are to respond, including by using appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. 
Individuals and organizations may 
send comments on the information collection requirement to the address listed in the 
ADDRESSES section at the 
beginning of this preamble by August 15, 2022. Comments also should be submitted to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention: Desk Officer for FAA, New Executive Building, Room 10202, 725 17th Street NW, Washington, DC 20053. 
F. International Compatibility and 
Cooperation Act 
In keeping with U.S. obligations 
under the Convention on International Civil Aviation, it is FAA policy to conform to International Civil Aviation Organization (ICAO) Standards and Recommended Practices to the maximum extent practicable. The FAA has reviewed the corresponding ICAO Standards and Recommended Practices and has identified no substantive differences with these proposed regulations. 
G. Environmental Analysis 
FAA Order 1050.1F identifies FAA 
actions that are categorically excluded 
from preparation of an environmental assessment or environmental impact statement under the National Environmental Policy Act in the absence of extraordinary circumstances. The FAA has determined this rulemaking action qualifies for the categorical exclusion identified in paragraph 5–6.6f for regulations and involves no extraordinary circumstances. 
H. DOT Order 2100.6A—Rulemaking 
and Guidance Procedures 
On June 7, 2021, the Department of 
Transportation issued Order 2100.6A, Rulemaking & Guidance Procedures, calling for identification of topics that are ‘‘reasonably anticipated to be related to a major program, policy, or activity of the Department or a high-profile issue pending for decision before the Department; involve one of the Secretary’s top policy priorities; or to garner significant press or congressional attention.’’ Reducing the impacts of climate change is considered a major policy goal of the current administration. This proposed rule addresses the certification of fuel efficiency for subsonic, civil airplanes and addresses a portion of the role that civil aviation plays in climate change. Airplanes emit CO
2, a greenhouse gas, 
as they burn fuel. This proposed rule would require the measurement of the fuel efficiency of an airplane as a tool for assessing the continued output of CO
2from airplanes and informing future 
standards limiting CO 2emissions. 
IV. Executive Order Determinations 
A. Executive Order 13132, Federalism 
The FAA has analyzed this proposed 
rule under the principles and criteria of 
Executive Order (E.O.) 13132, Federalism. The agency has determined that this action would not have a substantial direct effect on the States, or the relationship between the Federal Government and the States, or on the distribution of power and responsibilities among the various levels of government, and, therefore, would not have federalism implications. 
B. Executive Order 13211, Regulations 
That Significantly Affect Energy Supply, Distribution, or Use 
The FAA analyzed this proposed rule 
under E.O. 13211, Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use (May 18, 2001). The agency has determined that it would not be a ‘‘significant energy action’’ under the executive order and would not be likely to have a significant adverse effect on the supply, distribution, or use of energy. 
C. Executive Order 13609, International 
Cooperation 
Executive Order 13609, Promoting 
International Regulatory Cooperation 
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(77 FR 26413, May 4, 2012), promotes 
international regulatory cooperation to meet shared challenges involving health, safety, labor, security, environmental, and other issues and reduce, eliminate, or prevent unnecessary differences in regulatory requirements. The FAA has analyzed this action under the policy and agency responsibilities of E.O. 13609. The agency has determined that this action would eliminate differences between U.S. aviation standards and those of other civil aviation authorities by adopting the airplane certification regulations needed to comply with the standards adopted by ICAO and the U.S. EPA. 
V. Additional Information A. Comments Invited 
The FAA invites interested persons to 
participate in this rulemaking by 
submitting written comments, data, or views. The agency also invites comments relating to the economic, environmental, energy, or federalism impacts that might result from adopting the proposals in this document. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. To ensure the docket does not contain duplicate comments, commenters should send only one copy of written comments, or if comments are filed electronically, commenters should submit only one time. 
The FAA will file in the docket all 
comments it receives, as well as a report summarizing each substantive public contact with FAA personnel concerning this proposed rulemaking. Before acting on this proposal, the FAA will consider all comments it receives on or before the closing date for comments. The FAA will consider comments filed after the comment period has closed if it is possible to do so without incurring expense or delay. The agency may change this proposal in light of the comments it receives. 
Confidential Business Information: 
Confidential Business Information (CBI) is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this NPRM contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this NPRM, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as ‘‘PROPIN.’’ The FAA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this NPRM. Submissions containing CBI should be sent to the person listed in 
FOR FURTHER INFORMATION CONTACT  
above. Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking. 
B. Availability of Rulemaking 
Documents 
An electronic copy of rulemaking 
documents may be obtained from the internet by— 
1. Searching the Federal eRulemaking 
Portal at www.regulations.gov; 
2. Visiting the FAA’s Regulations and 
Policies web page at www.faa.gov/ regulations_ policies; or 
3. Accessing the Government Printing 
Office’s web page at www.govinfo.gov. 
Copies may also be obtained by 
sending a request to the Federal Aviation Administration, Office of Rulemaking, ARM–1, 800 Independence Avenue SW, Washington, DC 20591, or by calling (202) 267–9677. Commenters must identify the docket or notice number of this rulemaking. 
All documents the FAA considered in 
developing this proposed rule, including economic analyses and technical reports, may be accessed from the internet through the Federal eRulemaking Portal referenced in item (1) above. 
List of Subjects 14 CFR Part 21 
Aircraft, Aviation safety, Exports, 
Imports, Reporting and recordkeeping 
requirements. 
14 CFR Part 38 
Air pollution control, Aircraft. 
14 CFR Part 121 
Air carriers, Aircraft, Airmen, 
Aviation safety, Charter flights, 
Reporting and recordkeeping requirements, Safety, Transportation. 
14 CFR Part 125 
Aircraft, Airmen, Aviation safety, 
Reporting and recordkeeping 
requirements. 
In consideration of the foregoing, the 
Federal Aviation Administration proposes to amend chapter I of title 14, Code of Federal Regulations as follows: PART 21—CERTIFICATION PROCEDURES FOR PRODUCTS AND ARTICLES 
■1. The authority citation for part 21 
continues to read as follows: 
Authority: 42 U.S.C. 7572; 49 U.S.C. 
106(f), 106(g), 40105, 40113, 44701–44702, 
44704, 44707, 44709, 44711, 44713, 44715, 45303. 
■2. Amend § 21.5 by adding paragraph 
(b)(3) to read as follows: 
§ 21.5 Airplane or Rotorcraft Flight Manual. 
* * * * * 
(b) * * * 
(3) Documentation of compliance 
with part 38 of this chapter, in an FAA- 
approved section of any approved airplane flight manual. Such material must include the fuel efficiency metric value as calculated under § 38.11 of this chapter, and the specific paragraph of § 38.17 of this chapter with which compliance has been shown for that airplane. 
■3. Amend § 21.17 by revising the 
introductory text of paragraph (a) to read as follows: 
§ 21.17 Designation of applicable 
regulations. 
(a) Except as provided in §§ 25.2, 
27.2, and 29.2 of this subchapter, and in 
parts 26, 34, 36, and 38 of this subchapter, an applicant for a type certificate must show that the aircraft, aircraft engine, or propeller concerned meets— 
* * * * * 
■4. Amend § 21.29 by revising 
paragraphs (a)(1)(i) and (b) to read as 
follows: 
§ 21.29 Issue of type certificate: import 
products. 
(a) * * * 
(1) * * * (i) The applicable aircraft noise, fuel 
venting and exhaust emissions, and fuel 
efficiency requirements of this subchapter as designated in § 21.17, or the applicable aircraft noise, fuel venting and exhaust emissions, and fuel efficiency requirements of the State of Design, and any other requirements the FAA may prescribe to provide noise, fuel venting and exhaust emission, and fuel efficiency levels no greater than those provided by the applicable aircraft noise, fuel venting and exhaust emissions, and fuel efficiency requirements of this subchapter as designated in § 21.17; and 
* * * * * 
(b) A product type certificated under 
this section is determined to be 
compliant with the fuel venting and 
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exhaust emission standards of part 34 of 
this subchapter, the noise standards of part 36 of this subchapter, and the fuel efficiency requirements of part 38 of this subchapter. Compliance with parts 34, 36, and 38 of this subchapter is certified under paragraph (a)(1)(i) of this section, and the applicable airworthiness standards of this subchapter, or an equivalent level of safety, with which compliance is certified under paragraph (a)(1)(ii) of this section. 
■5. Amend § 21.31 by revising 
paragraph (e) to read as follows: 
§ 21.31 Type design. 
* * * * * 
(e) Any other data necessary to allow, 
by comparison, the determination of the airworthiness, noise characteristics, fuel efficiency, fuel venting, and exhaust emissions (where applicable) of later products of the same type. 
■6. Amend § 21.93 by adding paragraph 
(d) to read as follows: 
§ 21.93 Classification of changes in type 
design. 
* * * * * 
(d) For the purpose of maintaining 
compliance with part 38 of this chapter, 
any voluntary change in the type design of an airplane that may increase the fuel efficiency metric value of that airplane is a ‘‘fuel efficiency change’’, in addition to being a minor or major change as classified in paragraph (a) of this section. 
■7. Amend § 21.101 by revising 
paragraph (a) to read as follows: 
§ 21.101 Designation of applicable 
regulations. 
(a) An applicant for a change to a type 
certificate must show that the change 
and areas affected by the change comply with the airworthiness requirements applicable to the category of the product in effect on the date of the application for the change and with parts 34, 36, and 38 of this chapter. Exceptions are detailed in paragraphs (b) and (c) of this section. 
* * * * * 
■8. Amend § 21.115 by revising 
paragraph (a) to read as follows: 
§ 21.115 Applicable requirements. 
(a) Each applicant for a supplemental 
type certificate must show that the 
altered product meets applicable requirements specified in § 21.101 and— 
(1) In the case of an acoustical change 
described in § 21.93(b), show compliance with the applicable noise requirements of part 36 of this chapter; 
(2) In the case of an emissions change 
described in § 21.93(c), show compliance with the applicable fuel venting and exhaust emissions requirements of part 34 of this chapter; and 
(3) In the case of a fuel efficiency 
change described in § 21.93(d), show compliance with the applicable fuel efficiency requirements of part 38 of this chapter. 
* * * * * 
■9. Amend § 21.183 by adding reserved 
paragraph (i) and paragraph (j) to read 
as follows: 
§ 21.183 Issue of standard airworthiness 
certificates for normal, utility, acrobatic, commuter, and transport category aircraft; manned free balloons; and special classes of aircraft. 
* * * * * 
(j) Fuel efficiency requirements. No 
original standard airworthiness 
certificate may be issued under this section unless the applicant has demonstrated that the type design complies with the applicable fuel efficiency requirements of part 38 of this chapter. 
■10. Amend § 21.187 by revising 
paragraph (a) to read as follows: 
§ 21.187 Issue of multiple airworthiness 
certification. 
(a) An applicant for an airworthiness 
certificate in the restricted category, and 
in one or more other categories except primary category, is entitled to the certificate, if— 
(1) He shows compliance with the 
requirements for each category, when the aircraft is in the configuration for that category; 
(2) He shows that the aircraft can be 
converted from one category to another by removing or adding equipment by simple mechanical means; 
(3) The aircraft complies with the 
applicable requirements of part 34 of this subchapter; and 
(4) The airplane complies with the 
applicable requirements of part 38 of this subchapter. 
* * * * * 
■11. Add part 38 to read as follows: 
PART 38—AIRPLANE FUEL 
EFFICIENCY CERTIFICATION 
Subpart A—General 
Sec. 
38.1 Applicability. 38.3 Definitions. 38.4 Compatibility with airworthiness 
requirements. 
38.5 Exemptions. 38.7 [Reserved] 38.9 Relationship to other regulations. 
Subpart B—Determining Fuel Efficiency for 
Subsonic Airplanes 
Sec. 38.11 Fuel efficiency metric. 
38.13 Specific air range. 38.15 Reference geometric factor. 38.17 Fuel efficiency limits. 38.19 Change criteria. 38.21 Approval before compliance testing. 38.23 Manual information and limitations. Appendix A to Part 38—Determination of 
Airplane Fuel Efficiency Metric Value 
Authority: 42 U.S.C. 4321 et seq., 7572; 49 
U.S.C. 106(g), 40113, 44701–44702, 44704; 49 CFR 1.83(c). 
Subpart A—General 
§ 38.1 Applicability. 
(a) Except as provided in paragraph 
(c) of this section, an airplane that is 
subject to the requirements of 40 CFR part 1030 may not exceed the fuel efficiency limits of this part when original type certification under this title is sought. This part applies to the following airplanes: 
(1) A subsonic jet airplane that has— 
(i) A type-certificated maximum 
passenger seating capacity of 20 seats or 
more, and 
(ii) A maximum takeoff mass (MTOM) 
greater than 5,700 kg, and 
(iii) An application for original type 
certification that is submitted on or after January 11, 2021, or 
(iv) A type-certificated maximum 
passenger seating capacity of 19 seats or fewer, and 
(v) A MTOM greater than 60,000 kg, 
and 
(vi) An application for original type 
certification that is submitted on or after January 11, 2021. 
(2) A subsonic jet airplane that has— 
(i) A type-certificated maximum 
passenger seating capacity of 19 seats or 
fewer, 
(ii) A MTOM greater than 5,700 kg, 
but not greater than 60,000 kg, and 
(iii) An application for original type 
certification that is submitted on or after January 1, 2023. 
(3) A propeller-driven airplane that 
has— 
(i) A MTOM greater than 8,618 kg, 
and 
(ii) An application for original type 
certification that is submitted on or after January 11, 2021. 
(4) A subsonic jet airplane— 
(i) That is a modified version of an 
airplane whose type design was not 
certificated under this part, 
(ii) That has a MTOM greater than 
5,700 kg, 
(iii) For which an application for the 
modification in type design is submitted on or after January 1, 2023, and 
(iv) For which the first certificate of 
airworthiness is issued for an airplane built with the modified type design. 
(5) A propeller-driven airplane— 
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(i) That is a modified version of an 
airplane whose type design was not 
certificated under this part, 
(ii) That has a MTOM greater than 
8,618 kg, 
(iii) For which an application for 
modification in type design is submitted on or after January 1, 2023, and 
(iv) For which the first certificate of 
airworthiness is issued for an airplane built with the modified type design. 
(6) A subsonic jet airplane that has— 
(i) A MTOM greater than 5,700 kg, 
and 
(ii) Its first certificate of airworthiness 
issued on or after January 1, 2028. 
(7) A propeller-driven airplane that 
has— 
(i) A MTOM greater than 8,618 kg, 
and 
(ii) Its first certificate of airworthiness 
issued on or after January 1, 2028. 
(b) The requirements of this part 
apply to an airplane that incorporates a 
modification that changes the fuel efficiency metric value of a prior version of that airplane. A modified airplane may not exceed the applicable fuel efficiency limit of this part when certification under this chapter is sought. The criteria for modified airplanes are described in § 38.19. A modified airplane is subject to the same fuel efficiency limit of § 38.17 as the prior version of the airplane. 
(c) The requirements of this part do 
not apply to: 
(1) Subsonic jet airplanes having a 
MTOM at or below 5,700 kg. 
(2) Propeller-driven airplanes having 
a MTOM at or below 8,618 kg. 
(3) Amphibious airplanes. (4) Airplanes initially designed, or 
modified and used, for specialized operations. These airplane designs may include characteristics or configurations necessary to conduct specialized operations that the United States Environmental Protection Agency (EPA) and the FAA have determined may cause a significant increase in the fuel efficiency metric value. 
(5) Airplanes designed with a 
reference geometric factor of zero. 
(6) Airplanes designed for, or 
modified and used for, firefighting. 
(7) Airplanes powered by 
reciprocating engines. § 38.3 Definitions. 
For the purpose of showing 
compliance with this part, the following 
terms have the specified meanings: 
Amphibious airplane means an 
airplane that is capable of takeoff and landing on both land and water. Such an airplane uses its hull or floats attached to the landing gear for takeoff and landing on water, and either extendable or fixed landing gear for takeoff and landing on land. 
ICAO Annex 16, Volume III means 
Volume III of Annex 16 to the Convention on International Civil Aviation. 
Maximum takeoff mass (MTOM) is 
the maximum allowable takeoff mass as 
stated in the approved certification basis for an airplane type design. Maximum takeoff mass is expressed in kilograms. 
Performance model is an analytical 
tool (or a method) validated using corrected flight test data that can be used to determine the specific air range values for calculating the fuel efficiency metric value. 
Reference geometric factor (RGF) is a 
non-dimensional number derived from a two-dimensional projection of the fuselage. 
Specific air range (SAR) is the 
distance an airplane travels per unit of fuel consumed. Specific air range is expressed in kilometers per kilogram of fuel. 
Subsonic means an airplane that has 
not been certificated under this title to exceed Mach 1 in normal operation. 
Type certificated maximum passenger 
seating capacity means the maximum number of passenger seats that may be installed on an airplane as listed on its type certificate data sheet, regardless of the actual number of seats installed on an individual airplane. 
§ 38.4 Compatibility with airworthiness 
requirements. 
Unless otherwise approved by the 
FAA, an airplane used to demonstrate 
compliance with this part must meet all of the airworthiness requirements of this chapter required to establish the type certification basis of the airplane, for any condition under which compliance with this part is being demonstrated. Any procedure used to demonstrate compliance, and any flight crew information developed for demonstrating compliance with this part, must be consistent with the airworthiness requirements of this chapter that constitute the type certification basis of the airplane. 
§ 38.5 Exemptions. 
A petition for exemption from any 
requirement of this part must be submitted to the Administrator in accordance with and meet the requirements of part 11 of this chapter. The FAA will consult with the EPA on each exemption petition before taking action. 
§ 38.7 [Reserved] 
§ 38.9 Relationship to other regulations. 
In accordance with certain provision 
of the Clean Air Act Amendments of 
1970 (CAA) (42 U.S.C. 7571 et seq.), the United States Environmental Protection Agency (EPA) is authorized to set standards for aircraft engine emissions in the United States, while the FAA is authorized to insure compliance with those standards under a delegation from the Secretary of Transportation (49 CFR 1.47). The fuel efficiency limits in § 38.17 are intended to be the same as that promulgated by the EPA in 40 CFR part 1030. Accordingly, if the EPA changes any regulation in 40 CFR part 1030 that corresponds with a regulation in this part, a certification applicant may request a waiver of those provisions as they appear in this part in order to comply with part 1030. In addition, unless otherwise specified in this part, all terminology and abbreviations in this part that are defined in 40 CFR part 1030 have the meaning specified in part 1030. 
Subpart B—Determining Fuel 
Efficiency for Subsonic Airplanes 
§ 38.11 Fuel efficiency metric. 
For each airplane subject to this part, 
or to determine whether a modification makes an airplane subject to this part under the change criteria of § 38.19, a fuel efficiency metric value must be calculated, using the following equation, rounded to three decimal places: 
Where: The SAR is determined in accordance with 
§ 38.13, and the RGF is determined in 
accordance with § 38.15. The fuel efficiency metric value is expressed in units of kilograms of fuel consumed per kilometer. 
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§ 38.13 Specific air range. 
(a) For each airplane subject to this 
part, the SAR of an airplane must be 
determined by either: 
(1) Direct flight test measurements. 
(2) Using a performance model that is: (i) Validated by actual SAR flight test 
data; and 
(ii) Approved by the FAA before any 
SAR calculations are made. 
(b) For the airplane model, establish 
a 1/SAR value at each of the following 
reference airplane masses: 
(1) High gross mass: 92 percent 
MTOM. 
(2) Low gross mass: (0.45 * MTOM) + 
(0.63 * (MTOM
∧0.924)). 
(3) Mid gross mass: simple arithmetic 
average of high gross mass and low gross mass. 
(c) To obtain (1/SAR)
avgas required to 
determine the fuel efficiency metric value described in § 38.11, calculate the average of the three 1/SAR values described in paragraph (b) of this section. Do not include auxiliary power units in any 1/SAR calculation. (d) All determinations made under 
this section must be made in accordance 
with the procedures applicable to SAR as described in appendix A to this part. 
§ 38.15 Reference geometric factor. 
For each airplane subject to this part, 
determine the airplane’s non- dimensional RGF for the fuselage size of each airplane model, calculated as follows: 
(a) For an airplane with a single deck, 
determine the area of a surface (expressed in m
∧2) bounded by the 
maximum width of the fuselage outer mold line projected to a flat plane parallel with the main deck floor and the forward and aft pressure bulkheads except for the crew cockpit zone. 
(b) For an airplane with more than 
one deck, determine the sum of the areas (expressed in m
∧2) as follows: 
(1) The maximum width of the 
fuselage outer mold line, projected to a flat plane parallel with the main deck floor by the forward and aft pressure bulkheads except for any crew cockpit 
zone. (2) The maximum width of the 
fuselage outer mold line at or above each other deck floor, projected to a flat plane parallel with the additional deck floor by the forward and aft pressure bulkheads except for any crew cockpit zone. 
(c) Determine the non-dimensional 
RGF by dividing the area defined in paragraph (a) or (b) of this section by 1 m
∧2. 
(d) All measurements and 
calculations used to determine the RGF of an airplane must be made in accordance with the procedures for determining RGF in section A38.3 of appendix A to this part. 
§ 38.17 Fuel efficiency limits. 
(a) The fuel efficiency limits in this 
section are expressed as maximum permitted fuel efficiency metric values, as calculated under § 38.11. 
(b) The fuel efficiency metric value of 
an airplane subject to this part may not exceed the following, rounded to three decimal places: 
For airplanes described in . . . With a MTOM . . . The maximum permitted fuel efficiency metric value is . . . 
(1) Section 38.1(a)(1) and (2) ......... 5,700 < MTOM ≤ 60,000 kg .......... 10(¥2.73780 ∂(0.681310*log10(MTOM)) ∂(¥0.0277861*(log10(MTOM)) ∧2)). 
(2) Section 38.1(a)(3) ...................... 8,618 < MTOM ≤ 60,000 kg .......... 10(¥2.73780 ∂(0.681310*log10(MTOM)) ∂(¥0.0277861*(log10(MTOM)) ∧2)). 
(3) Section 38.1(a)(1) and (3) ......... 60,000 < MTOM ≤ 70,395 kg ........ 0.764. 
(4) Section 38.1(a)(1) and (3) ......... MTOM > 70,395 kg ....................... 10(¥1.412742 ∂(¥0.020517*log10(MTOM)) ∂(0.0593831*(log10(MTOM)) ∧2)). 
(5) Section 38.1(a)(4) and (6) ......... 5,700 < MTOM ≤ 60,000 kg .......... 10(¥2.57535 ∂(0.609766*log10(MTOM)) ∂(¥0.0191302*(log10(MTOM)) ∧2)). 
(6) Section 38.1(a)(5) and (7) ......... 8,618 < MTOM ≤ 60,000 kg .......... 10(¥2.57535 ∂(0.609766*log10(MTOM)) ∂(¥0.0191302*(log10(MTOM)) ∧2)). 
(7) Section 38.1(a)(4) through (7) ... 60,000 < MTOM ≤ 70,107 kg ........ 0.797. 
(8) Section 38.1(a)(4) through (7) ... MTOM > 70,107 kg ....................... 10(¥1.39353 ∂(¥0.020517*log10(MTOM)) ∂(0.0593831*(log10(MTOM)) ∧2)). 
§ 38.19 Change criteria. 
(a) For an airplane that has been 
shown to comply with § 38.17, any subsequent version of that airplane must demonstrate compliance with § 38.17 if the subsequent version incorporates a modification that either increases: 
(1) The maximum takeoff mass; or 
(2) The fuel efficiency metric value by 
more than: 
(i) For airplanes with a MTOM greater 
than or equal to 5,700 kg, the value 
decreases linearly from 1.35 to 0.75 percent for an airplane with a MTOM of 60,000 kg. 
(ii) For airplanes with a MTOM 
greater than or equal to 60,000 kg, the value decreases linearly from 0.75 to 0.70 percent for airplanes with a MTOM of 600,000 kg. 
(iii) For airplanes with a MTOM 
greater than or equal to 600,000 kg, the value is 0.70 percent. 
(b) For an airplane that has been 
shown to comply with § 38.17, and for any subsequent version of that airplane that incorporates modifications that do not increase the MTOM or the fuel efficiency metric value in excess of the levels shown in this paragraph (b), the 
fuel efficiency metric value of the modified airplane may be reported to be the same as the value of the prior version. 
(c) For an airplane that meets the 
criteria of § 38.1(a)(4) or (5), on or after January 1, 2023, and before January 1, 2028, the airplane must demonstrate compliance with § 38.17 if it incorporates any modification that increases the fuel efficiency metric value by more than 1.5 percent from the prior version of the airplane. 
§ 38.21 Approval before compliance 
testing. 
All procedures, weights, 
configurations, and other information or 
data that are used to establish a fuel efficiency level required by this part or in any appendix to this part (including any equivalent procedures) must be approved by the FAA prior to use in certification tests intended to demonstrate compliance with this part. § 38.23 Manual information and 
limitations. 
(a) Information in manuals. The 
following information must be included 
in any FAA-approved section of a FAA- approved Airplane Flight Manual or combination of approved manual material: 
(1) Fuel efficiency level established 
during type certification; and 
(2) Maximum takeoff mass at which 
fuel efficiency level was established. 
(b) Limitation. If the fuel efficiency of 
an airplane is established at a weight (mass) that is less than the maximum certificated takeoff weight (mass) used to establish the airworthiness of the airplane under this chapter, the lower weight (mass) becomes an operating limitation of the airplane and that limitation must be included in the limitations section of any FAA- approved manual. 
Appendix A to Part 38—Determination 
of Airplane Fuel Efficiency Metric Value 
Sec. 
A38.1 Introduction 
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A38.2 Reference Specifications for SAR 
Flight Tests 
A38.3 Determination of Reference 
Geometric Factor (RGF) 
A38.4 Certification Test Specifications 
A38.5 Measurement of Specific Air Range A38.6 Submission of Certification Data to 
the FAA 
A38.1 Introduction 
A38.1.1 This appendix describes the 
processes and procedures for determining the fuel efficiency metric value for an airplane subject to this part. 
A38.1.2 Methods for Determining Specific 
Air Range (SAR) 
A38.1.2.1 SAR may be determined by 
either— 
A38.1.2.1.1 Direct flight test 
measurement at the SAR test points, 
including any corrections of test data to reference specifications; or 
A38.1.2.1.2 Use of a performance model. A38.1.2.2 For any determination made 
under section A38.1.2.1.1 of this appendix, the SAR flight test data must have been acquired in accordance with the procedures defined in this appendix and approved by the FAA. 
A38.1.2.3 For any determination made 
under section A38.1.2.1.2 of this appendix, the performance model must: 
A38.1.2.3.1 Be verified that the model 
produces the values that are the same as 
FAA-approved SAR flight test data. 
A38.1.2.3.2 Include a detailed description 
of any test and analysis method and any algorithm used so as to allow evaluation by the FAA; and 
A38.1.2.3.4 Be approved by the FAA 
before use. 
A38.2 Reference Specifications for SAR 
Flight Tests 
A38.2.1 The following reference 
specifications must be established when determining SAR values for an airplane. No reference specification may exceed any airworthiness limit approved for the airplane under this chapter. See section A38.5 of this appendix for further information. 
A38.2.1.1 Reference specifications at the 
airplane level: 
A38.2.1.1.1 Airplane at the reference 
masses listed in § 38.13(b); 
A38.2.1.1.2 A combination of altitude 
and airspeed selected by the applicant; 
A38.2.1.1.3 Airplane in steady, 
unaccelerating, straight and level flight; 
A38.2.1.1.4 Airplane in longitudinal and 
lateral trim; 
A38.2.1.1.5 Airplane gravitational 
acceleration when travelling in the direction of true North in still air at the reference altitude and a geodetic latitude of 45.5 degrees, based on g
0(g0is 9.80665 m/s2, 
which is the standard acceleration due to gravity at sea level and a geodetic latitude of 45.5 degrees); 
A38.2.1.1.6 A reference airplane center of 
gravity (CG) position selected by the applicant to be representative of a mid-CG point relevant to design cruise performance at each of the three reference airplane masses; and 
A38.2.1.1.7 A wing structural loading 
condition defined by the applicant that is representative of operations conducted in accordance with the airplane’s maximum payload capability. 
A38.2.1.2 Reference specifications at the 
engine level: 
A38.2.1.2.1 Electrical and mechanical 
power extraction and bleed flow relevant to design cruise performance, as selected by the applicant; 
Note.—Power extraction and bleed flow 
attributable to the use of optional equipment such as passenger entertainment systems need not be included. 
A38.2.1.2.2 Engine stability bleeds 
operating according to the manufacturer’s normal schedule for the engine; and 
A38.2.1.2.3 Engines with at least 15 
cycles or 50 engine flight hours. 
A38.2.1.3 Other reference specifications: A38.2.1.3.1 ICAO standard day 
atmosphere (Doc 7488/3, 3rd edition 1993, titled ‘‘Manual of the ICAO Standard Atmosphere (extended to 80 kilometres (262 500 feet))’’) 
A38.2.1.3.2 Fuel lower heating value 
equal to 43.217 MJ/kg (18 580 BTU/lb); 
A38.2.2 If any test conditions are not the 
same as the reference specifications of this appendix, the test conditions must be corrected to the reference specifications as described in section A38.5 of this appendix. 
A38.3 Determination of Reference 
Geometric Factor (RGF) 
A38.3.1 This section provides additional 
information for determining the RGF, as required by § 38.15. 
A38.3.2 The area that defines RGF 
includes all pressurized space on a single or multiple decks including aisles, assist spaces, passageways, stairwells and areas that can accommodate cargo or auxiliary fuel containers. It does not include permanent integrated fuel tanks within the cabin, or any unpressurized fairings, crew rest or work areas, or cargo areas that are not on the main or upper deck (e.g., ‘loft’ or under floor 
areas). RGF does not include the cockpit crew zone. 
A38.3.3 The aft boundary to be used for 
calculating RGF is the aft pressure bulkhead. The forward boundary is the forward pressure bulkhead, not including the cockpit crew zone. 
A38.3.4 Areas that are accessible to both 
crew and passengers are not considered part of the cockpit crew zone. For an airplane that has a cockpit door, the aft boundary of the cockpit crew zone is the plane of the cockpit door. For an airplane that has no cockpit door, or has optional interior configurations that include different locations of the cockpit door, the aft boundary is determined by the configuration that provides the smallest available cockpit crew zone. For airplanes certificated for single-pilot operation, the cockpit crew zone is measured as half the width of the cockpit. 
A38.3.5 Figures A38–1 and A38–2 of this 
appendix provide a notional view of the RGF boundary conditions. 
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BILLING CODE 4910–13–C 
A38.4 Certification Test Specifications 
A38.4.1 Certification Test Specifications. 
This section prescribes the specifications 
under which an applicant must conduct SAR certification tests. 
A38.4.2 Flight Test Procedures A38.4.2.1 Before a Test Flight. The test 
flight procedures must include the following elements and must be approved by the FAA before any test flight is conducted: 
A38.4.2.1.1 Airplane conformity. The test 
airplane must conform to the critical 
configuration of the type design for which certification is sought. 
A38.4.2.1.2 Airplane weight. The weight 
and balance of the test airplane must be established prior to the test flight, including any changes in weight that occur after the airplane is weighed and before the flight is conducted. 
A38.4.2.1.3 Fuel. The fuel used for each 
flight test must meet the specification defined in either ASTM D1655–15 (entitled ‘‘Standard Specification for Aviation Turbine Fuels’’), Defense Standard 91–91, Issue 7, Amendment 3 (entitled ‘‘Turbine Fuel, Kerosene Type, Jet A–1’’), or as approved by FAA. 
A38.4.2.1.4 Fuel lower heating value. The 
lower heating value of the fuel used on a test flight must be determined from a sample of fuel used for the test flight. The lower heating value of the fuel sample must be used to correct measured data to reference specifications. The determination of lower heating value and the correction to reference specifications are subject to approval by the FAA. 
A38.4.2.1.4.1 The fuel lower heating 
value may be determined in accordance with ASTM specification D4809–13 ‘‘Standard Test Method for Heat of Combustion of Liquid Hydrocarbon Fuels by Bomb Calorimeter (Precision Method)’’, or as approved by the FAA. 
A38.4.2.1.4.2 The fuel sample may be 
representative of the fuel used for each flight test and may not have variations. 
A38.4.2.1.5 Fuel specific gravity and 
viscosity. When volumetric fuel flow meters 
are used, the specific gravity and viscosity of the fuel used on a test flight must be determined from a sample of fuel used for the test flight. 
A38.4.2.1.5.1 The fuel specific gravity 
may be determined in accordance with ASTM specification D4052–11 ‘‘Standard Test Method for Density and Relative Density of Liquids by Digital Density Meter’’, or as approved by FAA. 
A38.4.2.1.5.2 The fuel kinematic 
viscosity may be determined in accordance with ASTM specification D445–15 (entitled ‘‘Standard Test Method for Kinematic Viscosity of Transparent and Opaque Liquids (and Calculation of Dynamic Viscosity)’’), or as approved by FAA. 
A38.4.2.2 Flight Test Configurations and 
Test Condition Stability. An applicant must conduct each flight test in accordance with the flight test configurations and the stability conditions as follows: 
A38.4.2.2.1 Flight Test Configuration. 
The following configurations must be maintained during each flight used to gather 
data for determining SAR values: 
A38.4.2.2.1.1 To the extent that is 
practicable, the airplane is flown at constant pressure altitude and constant heading along isobars; 
A38.4.2.2.1.2 The engine thrust/power 
setting is stable for unaccelerating level flight; 
A38.4.2.2.1.3 The airplane is flown as 
close as practicable to the reference 
specifications to minimize the magnitude of any correction; 
A38.4.2.2.1.4 There are no changes in 
trim or engine power/thrust settings, engine stability and handling bleeds, or electrical and mechanical power extraction (including bleed flow); and 
A38.4.2.2.1.5 There is no unnecessary 
movement of on-board personnel. 
A38.4.2.2.2 Test Condition Stability. To 
obtain a valid SAR measurement, the following conditions must be maintained during each test flight, including the indicated tolerances for at least 1 minute while SAR data is acquired: 
A38.4.2.2.2.1 Mach number within 
±0.005; 
A38.4.2.2.2.2 Ambient temperature 
within ±1 °C; 
A38.4.2.2.2.3 Heading within ±3 degrees; A38.4.2.2.2.4 Track within ±3 degrees; A38.4.2.2.2.5 Drift angle less than 3 
degrees; 
A38.4.2.2.2.6 Ground speed within ±3.7 
km/h (±2 kt); 
A38.4.2.2.2.7 Difference in ground speed 
at the beginning of the SAR measurement from the ground speed at the end of the SAR measurement within ±2.8 km/h/min (±1.5 kt/ 
min); and 
A38.4.2.2.2.8 Pressure altitude within 
±23 m (±75 ft). 
A38.4.2.2.3 Alternatives to the stable test 
condition criteria of section A38.4.2.2.2 of this appendix may be used provided that stability is sufficiently demonstrated to the FAA. 
A38.4.2.2.4 Data obtained at test points 
that do not meet the stability criteria of section A38.4.2.2.2 may be acceptable as an equivalent procedure, subject to FAA approval. 
A38.4.2.2.5 SAR measurements at the test 
points must be separated by either: 
A38.4.2.2.5.1 Two minutes; or A38.4.2.2.5.2 An exceedance of one or 
more of the stability criteria limits described in A38.4.2.2.2. 
A38.4.2.3 Verification of Airplane Mass at 
Test Conditions 
A38.4.2.3.1 The procedure for 
determining the mass of the airplane at each test condition must be approved by the FAA. 
A38.4.2.3.2 The mass of the airplane 
during a flight test is determined by subtracting the fuel used from the mass of the airplane at the start of the test flight. The accuracy of the determination of the fuel used must be verified by: 
A38.4.2.3.2.1
Weighing the test airplane 
on calibrated scales before and after the SAR test flight; or 
A38.4.2.3.2.2 Weighing the test airplane 
before and after another test flight that included a cruise segment, provided that 
flight occurs within one week or 50 flight hours (at the option of the applicant) of the SAR test flight and using the same, unaltered fuel flow meters. 
A38.5 Measurement of Specific Air Range 
A38.5.1 Measurement System 
A38.5.1.1 The following parameters must 
be recorded at a minimum sampling rate of 1 Hertz (cycle per second): 
A38.5.1.1.1 Airspeed; 
A38.5.1.1.2 Ground speed; A38.5.1.1.3 True airspeed; A38.5.1.1.4 Fuel flow; A38.5.1.1.5 Engine power setting; A38.5.1.1.6 Pressure altitude; A38.5.1.1.7 Temperature; A38.5.1.1.8 Heading; A38.5.1.1.9 Track; and A38.5.1.1.10 Fuel used (for the 
determination of gross mass and CG position). 
A38.5.1.2 The following parameters must 
be recorded: 
A38.5.1.2.1 Latitude; A38.5.1.2.2 Engine bleed positions and 
power off-takes; and 
A38.5.1.2.3 Power extraction (electrical 
and mechanical load). 
A38.5.1.3 The value of each parameter 
used for the determination of SAR (except for ground speed) is the simple arithmetic average of the measured values for that parameter obtained throughout the stable test condition described in section A38.4.2.2.2 of this appendix. 
A38.5.1.4 For ground speed, the value is 
the rate of change of ground speed during the SAR test measurement. The rate of change of ground speed during the SAR measurement must be used to evaluate and correct any acceleration or deceleration that might occur during the SAR measurement. 
A38.5.1.5 Each measurement device must 
have sufficient resolution to determine that the stability of a parameter defined in section A38.4.2.2.2 of this appendix is maintained during SAR measurement. 
A38.5.1.6 The SAR measurement system 
consists of the combined instruments and devices, and any associated procedures, used to acquire the following parameters necessary to determine SAR: 
A38.5.1.6.1 Fuel flow; A38.5.1.6.2 Mach number; A38.5.1.6.3 Altitude; A38.5.1.6.4 Airplane mass; A38.5.1.6.5 Ground speed; A38.5.1.6.6 Outside air temperature; A38.5.1.6.7 Fuel lower heating value; and A38.5.1.6.8 CG. A38.5.1.7 The SAR value is affected by 
the accuracy of each element that comprises the SAR measurement system. The cumulative error associated with the SAR measurement system is defined as the root sum of squares (RSS) of the individual accuracies. 
A38.5.1.8 If the absolute value of the 
cumulative error of the overall SAR measurement system is greater than 1.5 percent, a penalty equal to the amount that the RSS value exceeds 1.5 percent must be applied to the SAR value that has been corrected to reference specifications (see 
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section A38.5.2 of this appendix). If the 
absolute value of the cumulative error of the overall SAR measurement system is less than or equal to 1.5 percent, no penalty will be applied. 
A38.5.2 Calculation of Specific Air Range 
from Measured Data 
A38.5.2.1 Calculating SAR. SAR must be 
calculated using the following equation: SAR = TAS/W
fwhere TAS is the true airspeed 
and W fis total airplane fuel flow. 
A38.5.2.2 Correcting Measured SAR 
Values to Reference Specifications 
A38.5.2.2.1 The measured SAR values 
must be corrected to the reference specifications listed in A38.2 of this appendix. Unless otherwise approved by the FAA, corrections to reference specifications must be applied for each of the following measured parameters: 
A38.5.2.2.1.1 Acceleration/deceleration 
(energy). Drag determination is based on an 
assumption of steady, unaccelerating flight. Acceleration or deceleration occurring during a test condition affects the assessed drag level. The reference specification is in section A38.2.1.1.3 of this appendix. 
A38.5.2.2.1.2 Aeroelastics. Wing 
aeroelasticity may cause a variation in drag as a function of airplane wing mass distribution. Airplane wing mass distribution will be affected by the fuel load distribution in the wings and the presence of any external stores. The reference specification is in section A38.2.1.1.7 of this appendix. 
A38.5.2.2.1.3 Altitude. The altitude at 
which the airplane is flown affects the fuel 
flow. The reference specification is in section A38.2.1.1.2 of this appendix. 
A38.5.2.2.1.4 Apparent gravity. 
Acceleration, caused by the local effect of gravity, and inertia, affect the test weight of the airplane. The apparent gravity at the test conditions varies with latitude, altitude, ground speed, and direction of motion relative to the Earth’s axis. The reference gravitational acceleration is the gravitational acceleration for the airplane travelling in the direction of true North in still air at the reference altitude, a geodetic latitude of 45.5 degrees, and based on g
0(see section 
A38.2.1.1.5 of this appendix). 
A38.5.2.2.1.5 CG position. The position 
of the airplane CG affects the drag due to longitudinal trim. The reference specification is in section A38.2.1.1.6 of this appendix. 
A38.5.2.2.1.6 Electrical and mechanical 
power extraction and bleed flow. Electrical and mechanical power extraction, and bleed flow affect the fuel flow. The reference specifications are in sections A38.2.1.2.1 and A38.2.1.2.2 of this appendix. 
A38.5.2.2.1.7 Engine deterioration level. 
The requirement in section A38.2.1.2.3 of this appendix addresses the minimum deterioration of an engine that is used to determine SAR. Since engine deterioration is rapid when an engine is new, when used for SAR determination: 
A38.5.2.2.1.7.1 Subject to FAA approval, 
an engine having less deterioration than the reference deterioration level in section A38.2.1.2.3 of this appendix must correct the fuel flow to the reference deterioration using an approved method. 
A38.5.2.2.1.7.2 An engine with greater 
deterioration than the reference deterioration level in section A38.2.1.2.3 of this appendix may be used, and no correction is permitted. 
A38.5.2.2.1.8 Fuel lower heating value. 
The fuel lower heating value defines the energy content of the fuel. The lower heating value directly affects the fuel flow at a given test condition. The reference specification is in section A38.2.1.3.2 of this appendix. 
A38.5.2.2.1.9 Reynolds number. The 
Reynolds number affects airplane drag. For a given test condition the Reynolds number is a function of the density and viscosity of air at the test altitude and temperature. The reference Reynolds number is derived from the density and viscosity of air from the ICAO standard atmosphere at the reference altitude (see sections A38.2.1.1.2 and A38.2.1.3.1 of this appendix). 
A38.5.2.2.1.10 Temperature. The ambient 
temperature affects the fuel flow. The reference temperature is the standard day 
temperature from the ICAO standard atmosphere at the reference altitude (see section A38.2.1.3.1 of this appendix). 
Note.—Post-flight data analysis includes 
the correction of measured data for data acquisition hardware response characteristics (e.g. system latency, lag, offset, buffering, 
etc.). 
A38.5.2.2.2 Correction methods are 
subject to the approval of the FAA. 
A38.5.2.3 Using Specific Air Range to 
Determine the Fuel Efficiency Metric Value 
A38.5.2.3.1 Calculate the SAR values for 
each of the three reference masses as described in § 38.13, including any corrections to reference specifications, as required under this part. The final SAR value for each reference mass is the simple arithmetic average of all valid test points at the appropriate gross mass, or derived from a validated performance model. No data acquired from a valid test point may be omitted unless approved by the FAA. 
A38.5.2.3.2 When an FAA-approved 
performance model is used, extrapolations to aircraft masses other than those tested may be approved when such extrapolations are consistent with accepted airworthiness practices. Since a performance model must be based on data covering an adequate range of lift coefficient, Mach number, and thrust specific fuel consumption, no extrapolation of those parameters is permitted. 
A38.5.3 Validity of Results A38.5.3.1 A 90 percent confidence 
interval must be calculated for each of the SAR values at the three reference masses. 
A38.5.3.2 If the 90 percent confidence 
interval of the SAR value at any of the three reference airplane masses— 
A38.5.3.2.1 Is less than or equal to ±1.5 
percent, the SAR value may be used. 
A38.5.3.2.2 Exceeds ±1.5 percent, a 
penalty equal to the amount that the 90 percent confidence interval exceeds ±1.5 percent must be applied to the SAR value, as approved by the FAA. 
A38.5.3.3 If clustered data is acquired 
separately for each of the three gross mass reference points, the minimum sample size acceptable for each of the three gross mass SAR values is six. 
A38.5.3.4 If SAR data is collected over a 
range of masses, the minimum sample size is 12 and the 90 percent confidence interval is calculated for the mean regression line 
through the data. 
A38.6 Submission of Certification Data to 
the FAA 
The following information must be 
provided to the FAA in the certification test 
report for each airplane type and model for which fuel efficiency certification under this part is sought. 
A38.6.1 General Information A38.6.1.1 Designation of the airplane 
type and model: 
A38.6.1.2 Configuration of the airplane as 
required in § 38.23(a)(3), including CG range, number and type designation of engines and, if fitted, propellers, and any modifications or non-standard equipment expected to affect the fuel efficiency characteristics; 
A38.6.1.3 MTOM used for certification 
under this part; 
A38.6.1.4 All dimensions needed for 
calculation of RGF; and 
A38.6.1.5 Serial number of each airplane 
used to establish fuel efficiency certification in accordance with this part. 
A38.6.2 Reference Specifications. The 
reference specifications used to determine any SAR value as described in section A38.2 
of this appendix. 
A38.6.3 Test Data. The following 
measured test data, including any corrections for instrumentation characteristics, must be provided for each of the test measurement points used to calculate the SAR values for each of the reference masses defined in § 38.13(b): 
A38.6.3.1 Airspeed, ground speed and 
true airspeed; 
A38.6.3.2 Fuel flow; A38.6.3.3 Pressure altitude; A38.6.3.4 Static air temperature; A38.6.3.5 Airplane gross mass and CG for 
each test point; 
A38.6.3.6 Levels of electrical and 
mechanical power extraction and bleed flow; 
A38.6.3.7 Engine performance: A38.6.3.7.1 For jet airplanes, engine 
power setting; or 
A38.6.3.7.2 For propeller-driven 
airplanes, shaft horsepower or engine torque, and propeller rotational speed; 
A38.6.3.8 Fuel lower heating value; A38.6.3.9 When volumetric fuel flow 
meters are used, fuel specific gravity and kinematic viscosity (see section A38.5.2.2.1.8 of this appendix); 
A38.6.3.10 The cumulative error (RSS) of 
the overall measurement system (see section A38.5.1.7 of this appendix); 
A38.6.3.11 Heading, track and latitude; 
A38.6.3.12 Stability criteria (see section 
A38.4.2.2.2 of this appendix); and 
A38.6.3.13
Description of the instruments 
and devices used to acquire the data needed for the determination of SAR, and the individual accuracies of the equipment relevant to their effect on SAR (see sections A38.5.1.6 and A38.5.1.7 of this appendix). 
A38.6.4 Calculations and Corrections of 
SAR Test Data to Reference Specifications. The measured SAR values, corrections to the reference specifications and corrected SAR values must be provided for each of the test measurement points defined in § 38.13(b). 
A38.6.5 Calculated Values. The following 
values must be provided for each airplane 
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used to establish fuel efficiency certification 
in accordance with this part: 
A38.6.5.1 SAR (km/kg) for each reference 
airplane mass and the associated 90 percent confidence interval; 
A38.6.5.2 Average of the 1/SAR values; A38.6.5.3 RGF; and A38.6.5.4 Fuel efficiency metric value. 
PART 121—OPERATING 
REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL OPERATIONS 
■12. The authority citation for part 121 
continues to read as follows: 
Authority: 49 U.S.C. 106(f), 106(g), 40103, 
40113, 40119, 41706, 42301 preceding note 
added by Public Law 112–95, sec. 412, 126 Stat. 89, 44101, 44701–44702, 44705, 44709– 44711, 44713, 44716–44717, 44722, 44729, 44732; 46105; Public Law 111–216, 124 Stat. 2348 (49 U.S.C. 44701 note); Public Law 112– 95 126 Stat 62 (49 U.S.C. 44732 note). 
■13. Amend § 121.141 by revising 
paragraph (b) introductory text to read 
as follows: 
§ 121.141 Airplane flight manual. 
* * * * * 
(b) In each airplane required to have 
an airplane flight manual in paragraph (a) of this section, the certificate holder shall carry either the manual required by § 121.133, if it contains the information required for the applicable flight manual and this information is clearly identified as flight manual requirements, or an approved Airplane Manual. If the certificate holder elects to carry the manual required by § 121.133, the certificate holder must revise the operating procedures sections and modify the presentation of performance data, except for the information required by § 38.23 of this chapter identifying compliance with the fuel efficiency requirements of part 38 of this chapter, from the applicable flight manual if the revised operating procedures and modified performance data presentation are— 
* * * * * 
PART 125—CERTIFICATION AND 
OPERATIONS: AIRPLANES HAVING A SEATING CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF 6,000 POUNDS OR MORE; AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT 
■14. The authority citation for part 125 
continues to read as follows: 
Authority: 49 U.S.C. 106(f), 106(g), 40113, 
44701–44702, 44705, 44710–44711, 44713, 
44716–44717, 44722. 
■15. Amend § 125.75 by revising 
paragraph (b) to read as follows: § 125.75 Airplane flight manual. 
* * * * * 
(b) Each certificate holder shall carry 
the approved Airplane Flight Manual or 
the approved equivalent aboard each airplane it operates. A certificate holder may elect to carry a combination of the manuals required by this section and § 125.71. If it so elects, the certificate holder may revise the operating procedures sections and modify the presentation of performance from the applicable Airplane Flight Manual if the revised operating procedures and modified performance data presentation are approved by the Administrator. Any approved equivalent must include the information required by § 38.23 of this chapter identifying compliance with the fuel efficiency requirements of part 38 of this chapter. 
Issued under authority provided in 42 
U.S.C 4321 et seq., 7572, 49 U.S.C. 106(f), 
40113, 44701–44702, 44703, and 44704 in 
Washington, DC. 
Kevin Welsh, Executive Director, Office of Environment and 
Energy. 
[FR Doc. 2022–11556 Filed 6–14–22; 8:45 am] 
BILLING CODE 4910–13–P 
DEPARTMENT OF COMMERCE 
Bureau of Economic Analysis 
15 CFR Part 801 
[Docket No. 220608–0131] 
RIN 0691–AA91 
International Services Surveys: 
Renewal of and Changes to BE–120 Benchmark Survey of Transactions in Selected Services and Intellectual Property With Foreign Persons, and Clarifying When BE–140 and BE–180 Benchmark Surveys Are Conducted 
AGENCY : Bureau of Economic Analysis, 
Commerce. 
ACTION : Notice of proposed rulemaking. 
SUMMARY : This proposed rule would 
amend regulations of the Department of Commerce’s Bureau of Economic Analysis (BEA) to renew reporting requirements for the BE–120 Benchmark Survey of Transactions in Selected Services and Intellectual Property with Foreign Persons. This proposed rule would also amend the regulations for BEA’s two other international services benchmark surveys, the BE–140 Benchmark Survey of Insurance Transactions by U.S. Insurance Companies with Foreign Persons and the BE–180 Benchmark Survey of Financial Services Transactions between U.S. Financial Services Providers and Foreign Persons, to clarify when the surveys will be conducted. 
DATES : Comments on this proposed rule 
will receive consideration if submitted in writing on or before August 15, 2022. 
ADDRESSES : You can submit comments, 
identified by RIN 0691–AA91, and referencing the agency name (Bureau of Economic Analysis), by any of the following methods: 
•Federal eRulemaking Portal: 
https://www.regulations.gov. Follow the 
instructions for submitting comments. For Keyword or ID, enter ‘‘EAB–2022– 0002.’’ 
•Email: christopher.stein@bea.gov. 
•Mail: Christopher Stein, Chief, 
Services Surveys Branch (BE–50), Balance of Payments Division, Bureau of Economic Analysis, U.S. Department of Commerce, 4600 Silver Hill Rd., Washington, DC 20233. 
•Hand Delivery/Courier: Christopher 
Stein, Chief, Services Surveys Branch (BE–50), Balance of Payments Division, Bureau of Economic Analysis, U.S. Department of Commerce, 4600 Silver Hill Rd., Suitland, MD 20746. 
Written comments regarding the 
burden-hour estimates or other aspects of the collection-of-information requirements contained in the proposed rule should be sent to both BEA through any of the methods above and to the Office of Management and Budget (OMB) by submitting comments at www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting ‘‘Currently under Review’’ or by using the search function and entering the title of the collection. 
Public Inspection: All comments 
received are a part of the public record and will generally be posted to https:// 
www.regulations.gov without change. 
Personal identifying information voluntarily submitted by the commenter may be publicly accessible. Do not submit confidential business information or otherwise sensitive or protected information. BEA will accept anonymous comments (enter N/A in required fields if you wish to remain anonymous). 
FOR FURTHER INFORMATION CONTACT : 
Christopher Stein, Chief, Services Surveys Branch (BE–50), Balance of Payments Division, Bureau of Economic Analysis, U.S. Department of Commerce, 4600 Silver Hill Rd., Washington, DC 20233; email christopher.stein@bea.gov or phone 
(301) 278–9189. 
SUPPLEMENTARY INFORMATION : The BE– 
120 Benchmark Survey of Transactions in Selected Services and Intellectual Property with Foreign Persons is a 
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